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Agreed sum

Seongnam Civil Litigation Attorney Assistance | A Seongnam Civil Litigation Attorney Won an Agreed Sum Lawsuit and Secured a Full Refund

The client who came to the Seongnam civil attorney sought to proceed with a civil lawsuit against a construction company that was not performing the contract, and came to the civil attorney at the Seongnam branch office.

CONTENTS
  • 1. How the Client Came to Seek the Seongnam Civil Litigation Attorney
    • - The client who requested assistance from a Seongnam civil litigation attorney
    • - Statutes on agreed sums explained by a Seongnam civil litigation attorney
  • 2. Scope of the Seongnam civil litigation attorney's assistance
    • - Seongnam civil litigation attorney's argument 1: nonperformance of the construction work
    • - Seongnam civil litigation attorney's argument 2: the defendant's written undertaking to perform
  • 3. Result of the Seongnam civil litigation attorney's assistance: a favorable judgment

1. How the Client Came to Seek the Seongnam Civil Litigation Attorney

The client who came to the Seongnam civil attorney decided to file a civil lawsuit to recover the payment from a construction company that had received the payment but did not perform the construction, and came to the civil attorney at the Seongnam office.

The client who requested assistance from a Seongnam civil litigation attorney

성남민사변호사

This is the story of a client who requested assistance from a Seongnam civil attorney.

While looking for a construction company to carry out a business project, the client came to know a contractor related to the business.

The client paid the supply price, set a construction period, and then entered into a construction contract with that company.

However, whenever the client asked the contractor about the progress, the contractor only offered excuses, such as that the permit had not been granted, and the construction did not even begin.

In the end, when the work had still not commenced after several months, the client demanded rescission of the contract.

At this point, the contractor wrote and gave the client a written undertaking stating that, if a set deadline were not met, both the payment and the interest would be returned.

However, the contractor failed to keep the promise even by the deadline stated in the written undertaking.

Unable to wait any longer, the client decided to pursue a 🔗lawsuit for an agreed sum and requested assistance from a Seongnam civil attorney.

Statutes on agreed sums explained by a Seongnam civil litigation attorney

▶What is an agreed sum?

It refers to an amount that the two parties have promised to pay and receive.

▶ What is a lawsuit for return of an agreed sum?

It is a lawsuit claiming the agreed amount on the basis of the fact that payment of money was agreed upon. An agreement is a form of contract, and where it is not kept and the matter relates to a claim, such a lawsuit may be filed.

▶ Extinctive prescription of an agreed-sum claim

1. When it is confirmed that there are no insurance proceeds to be paid by the insurance company
2. When one has suffered criminal harm such as identity theft or voice phishing
3. When the money was repaid but there is no evidence because the transaction was made in cash
4. When there is no debt to repay because the extinctive prescription has run

2. Scope of the Seongnam civil litigation attorney's assistance

The Seongnam civil attorney held a consultation with the client and then reviewed the case.

After that, the attorney gathered evidence that would work favorably and established a systematic strategy.

To win the case, the attorney presented the following arguments.

Seongnam civil litigation attorney's argument 1: nonperformance of the construction work

The client paid the defendant in accordance with the construction contract.

However, the client emphasized that the defendant, despite having received the payment, kept making excuses, delayed the work, and failed to even begin construction over a long period of time.

Seongnam civil litigation attorney's argument 2: the defendant's written undertaking to perform

When the client demanded cancellation of the contract, the defendant set a deadline and signed a written undertaking that, if the construction was not completed by that deadline, the defendant would refund the full amount.

However, it was emphasized that the defendant failed to perform that promise long after the agreed deadline had passed.

3. Result of the Seongnam civil litigation attorney's assistance: a favorable judgment

Accepting the arguments of the Seongnam civil law attorney, the court granted the claim in its entirety and ordered the defendant to bear the litigation costs.

If you need the assistance of a Seongnam civil litigation attorney

In this case, the client, who had pursued a lawsuit against a construction company that failed to perform a construction contract after it was concluded, won the case with the assistance of the Seongnam civil law attorney.

If you are unable to recover money that was promised in this way, the best approach is to resolve the matter by pursuing a claim for the agreed sum with the assistance of an experienced attorney.

At Daeryun LLC, a 🔗civil law attorney with court experience and an average of more than 10 years of practice takes on the client's case and provides active assistance.

If you need legal help in a situation such as the case above, you may request assistance from the Seongnam civil law attorney.

성남민사변호사

This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.

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